This often happens to me. I start down a thought road, planning to talk about one thing, and then I get off on a different road. As Sherlock Holmes described it, I follow the thread where it leads. I had planned to talk about this weeks refusal by the Supreme Court to issue a writ of cert to hear Gee v Planned Parenthood, but I got interested in Justice Thomas’ dissent.
Understandably, he is upset at the refusal of the Court to hear the case. There are those who believe that his dissent is rooted in ideology, and it may be. Clearly, he hates abortion and would vote to overturn Roe v Wade faster than a Michael Cohen news story gets on the air. But he does make a valid point – the jurisdiction and duty of the Court, as intended by the Framers, was to resolve questions such as this case asks. Especially when there are differing opinions as to what is going on with a given law in the lower Courts.
There once came a time when the economic situation was chaotic. A long war had drained national resources and there was an overabundance of land and property available for speculative deals. To that end, numerous banks began making speculative loans backed up by literally nothing. The overextension of easy credit along with declining prices of non-land goods was causing a great deal of concern. And when the crap hit the fan, all hell broke loose.
Banks panicked and began calling in loans and foreclosing on the properties.
And then the politicians got involved…
The two biggest news stories of the week collide on a two part Friday Episode. First, the debate over the replacement of Senior Supreme Court Associate Justice Antonin Scalia is certain to be the political fight of the century – at least so far. But was that always the case? And since it wasn’t always this way over Supreme Court nominees, what has changed and why? When you really boil it down, isn’t this just another example of how things changed without We the People really noticing?
In Part II, the Court will inevitably get involved in the fight over whether or not Apple should or should not give the FBI what it is asking for when it comes to the San Bernardino Terrorists’ phone. As it stands today, this is NOT a 4th Amendment issue – at least not in this case – and there are some very specific reasons why it is not. But what about next week or next month or next year? What if Congress gets its way and actually passes a law requiring that the ALL phone manufacturers provide ALL LEO’s with access to ALL cell phones via a software backdoor?
As August fades into September, General Washington is feeling pretty upbeat about how things are going. At least one delegate believes that they will be done “in three weeks time.” Others aren’t so ready to finish things without getting their say. Every attempt to resolve the matter of the Presidency is met with an objection and a move to delay.
Soon enough, the Committee on Postponed Parts will have their hands full trying to resolve everything that has been postponed.
In the meanwhile, the Convention seems to, for the first time, consider why a new form of Government is needed, beyond the Randolph outline of so many weeks ago. The principles that underlie the nation are Life, Liberty and Property. There is general realization that a stronger central government is the best guarantee of those. watching what is happening in Rhode Island has convinced them that left to themselves, the States will not provide those protections.
With that in mind, the Delegates take up the Judiciary and the power of the States over commerce, money and contracts. They believe that the federal Governments control of these items, among others, will provide the best guarantee of Life, Liberty and Property.